faulty mobile which has been refused for repair

pollijc2268

Hi need some advice... I got a Samsung Note on a 2 year contract on 16th December 2012. Its on o2 but I got it through Carphone warehouse. About 4 months ago I slipped and fell, phone was in my pocket and it ended up with a few small cracks on the screen in the top right corner. However the phone was still in full working order and as the cracks were in the corner these did not detract from the phone usage.
Then 4 weeks ago the phone stopped charging properly, I have 2 chargers in the house and it wasn't charging with either of them so its not the chargers ( plus my OH has the same phone and his charges just fine).
I took the phone back to my local Carphone Warehouse and told them it wasn't charging, I explained the cracked screen and told the young man I could live with it as it didn't detract from being used. He quoted me £170 for a screen repair, I said no I didn't want it repaired I just wanted the charging problem looking at and fixing. He filled in the repair form stating the charging problem and sent it away.
I have now received a call off them 3 weeks later saying they can't repair it as under the Samsung T & C's the guarantee is void due to the cracked screen.
Where do I stand on this? The non charge has nothing to do with the cracked screen, I can live with it , however I refuse to pay £28 a month for a phone that is unusable as it wont charge. Who do I take it up with, is it Carphone, o2 or Samsung?

Any advice would be greatly appreciated.

gjchester

pollijc2268 wrote: »

Where do I stand on this? The non charge has nothing to do with the cracked screen, I can live with it , however I refuse to pay £28 a month for a phone that is unusable as it wont charge. Who do I take it up with, is it Carphone, o2 or Samsung?

Any advice would be greatly appreciated.

Your contract will always be with the retailer, so CPW in this case.

You would need to prove the charging issue is not related to the drop. The problem will be the drop may have damaged the phone internally (especially as it cracked the screen) and that has failed over time. User damage is always outside the warranty and with an obvious fault as a cracked screen which you accept was your fault would always be the most likely cause.

Your £28 a month is for the airtime contract, not the hardware, and so is still payable. Damage to the phone (which may ot may not be casued by the drop) is not a reason to cancel.

If you have insurance you could try that (or maybe your household insurance) to cover the repair cost.